How to Restore By Consent of the Governed to our Government

© ignoranceorapathy.com 07/28/2011

But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. --Declaration of Independence

Our founders forsaw the possibility that the federal government could get out of control and become an authoratarian body. They also placed limits to federal power within the wording of the U.S. Constitution, the federal government has ignored these limits.

Are you tired of hearing about a balanced budget amendment? Are you tired of hearing about spending cuts that are trivial amounts and they are spread out over 10, 15, or 20 years? Could you run your household or business like this? Have you had enough yet of this Fuzzy math or funny money accounting tricks? Tactics where by they tell you they have cut spending but they just double count some things and under count others. The Securities and Exchange Commission would investigate and more than likely file charges against any publicly traded company that filed financial reports using exaclty the same methods our wonderful, loving, caring federal government uses everyday.

Follow up:

Let me point out the major and fatal flaw of the Balanced Budget Amendment idea. This type of amendment changes nothing. Congress would simply spend more just like they do now, but when the budget does not balance; they in essence impose an automatic tax increase on you and I to pay for it. The major difference, they get to claim they had nothing to do with your higher taxes, as it was the Constitution that required them. They also get to hide behind the amendment when the public outcry for lower taxes eventually comes.

I do not come to you with a problem without the suggestion of a solution. I can assure you NO one in Washington D.C. will like this, and I know they would hush it up as quickly as possible.

Our constitution outlines the limits on government; it even goes a step further to clearly state that powers not specifically granted to the federal government are reserved for the people and the states. The current incarnation of the federal government does not understand what constitutional limitations on power really mean. The constitution specifically states the congress and the executive branch are granted certain powers and authorities, but those authorities are specifically spelled out and limited within the document of the constitution itself. Congress seems to have forgotten what governing by consent of the governed really means, so it is time we the people remind them.

You need to understand how the balance of power shifted. Prior to the adoption of the seventeenth amendment the states by way of the U.S. Senate had input into U.S. federal policy and the appointment of cabinet positions, federal judges and Supreme Court justices. Since the 17th amendment the states are no longer represented and we have these self important, self-righteous senators that have no interest in protecting states rights and the constitution. Look at it this way; China has more diplomatic representation in Washington, D.C. than does the State of Colorado. We need to repeal the 17th amendment and return the appointment of senators to the method originally outlined in the Constitution, but that idea does not seem to be able to get traction.

Article I Section 3 of the U.S. Constitution providing for the appointment of senators as envisioned by our founders

The 17th Amendement changing the founders method of appointment of senators and removing all input and representation of the states into federal policy

Proposed amendment to the U.S. Constitution:

All Federal agencies, departments and policies of benevolence enacted by the Congress of the United States and signed into law by the President of the United States are subject to the Veto of the several states.
All agencies and positions created by executive order of the President of the United States shall be subject to veto of the several states.
Each of the several states is entitled to one vote of veto.
Method of the states veto shall be adopted by the state in accordance with laws and policies established with in the state.
Two-thirds majority of the states shall be required for a successful veto.
Once a successful veto has received the required votes the subject of the veto must immediately be rescinded and cease to exist. Actions of veto by the several states shall not be subject to review of the judicial branch.

By this method the states will once again have input into the policies that are enacted by the federal government that are paid for by the tax dollars of the American people. This provides for national policies to be influenced and shaped by the people at the local level. Once again, as it was prior to the 17th amendment, who you elect to your state legislature and to your states governorship will matter on a national level. Our founders and the framers of the constitution preferred this method and it worked! This amendment puts teeth back into the 10th amendment of the U.S. Constitution and restores the original plan of federalism as the shaping force behind our representative republic.

Passage of this amendment would once again restore to the federal government the doctrine of “by consent of the governed”.

Naturally certain areas of authority of the congress and president could not be vetoed even by this amendment. The Department of Defense, for example would be exempt as the constitution specifically enumerates the authority to the federal government to “provide for the common defense”. Federal tax cuts, and tax deductions would not be subject to this amendment but federal tax ‘credits’ would be as they are policies of benevolence by the federal government. Also the IRS as an agency would be subject to the power of this veto.

This amendment removes the ability of small special interest groups or a federal judge holding the entire nation hostage. This amendment requires that 2/3 of the states enact a veto before a policy, agency or government give away program can be forced to be rescinded.

One of the beauties of this approach, the congress and the president are entitled as per the constitution to reenact any policy or agency that has been removed by this veto policy. Of course doing so would more than likely incur another vote of veto and enrage the people as a whole against the agency or policy.

Either we repeal the 17th amendment or pass this one. Either way we the people MUST remove the authoritarian power that the congress and the president have assumed over our nation. Power that is not outlined or granted to the federal government by the constitution of the United States.

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